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HomeMy WebLinkAboutOrd. No. 1987-796NO. 796 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM MECHANICAL CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.20 OF, AND ADDING CHAPTER 15.20 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE MECHANICAL CODE - THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.20 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.20 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.20 MECHANICAL CODE 15.20.010 ESTABLISHED. The "Uniform Mechanical Code 1985 Edition," including the Appendix A, B, C, D which are promulgated and published by the International Conference of Building Officials, one copy of each of which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. 15.20.020 CHANGES AND ADDITIONS TO THE UNIFORM MECHANICAL CODE. The "Uniform Mechanical Code" is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.20.030 through 15.20.050. 15.20.030 SECTION 203 AMENDED - BOARD OF APPEALS CREATED. Section 203 is amended to read as follows: "Section 203. Board of and Appeals Created. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of .the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be such Council members. The Chief Building Official shall be the Secretary to the Board. The Board may adopt reason- able rules and regulations for conducting its investigations and and shall render all its' decisions and findings on contested matters, in writing, to the Chief Building Official, with a dupli- cate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. The Board of Appeals may interpret the provisions of this Code to cover a special case, if it appears that the provisions of this Code do not definitely cover the point raised or that a mani- fest injustice might be done or unnecessary hardship or inconveni- ence be suffered by a strict adherence to the provisions hereof; provided, that every such decision shall be by at least two- third's vote of all of the members of the Board of Appeals who are present at the meeting at which any such matter is considered and decided. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a temporary chairman. Notices of meetings of the Board shall be given by at least three hours notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order ° to assist it in its investigations and in making its findings and decisions. 15.20.040 SECTION 204 AMENDED - VIOLATIONS AND PENALTIES. Section 204 is amended to read as follows: "Section 204. Violations and Penalties. It shall be unlawful for any person firm or corporation to erect, construct, enlarge, later, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this code. Any person, firm, .or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinance of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.20.050 SECTION 304(a) AMENDED: PERMIT FEES. Section 304(a) is amended to read as follows: "Section 304(a) Permit Fees. The fee for each permit shall be as set forth in Table No. 3-A, which will be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code." SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Mechanical Code, 1985 Edition, -as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by - law. INTRODUCED AND PASSED. UPON FIRST READING this 12TH day of p,~ay , 1987 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May , 1987 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILP1EMBERS: NONE ~~ Leo tr' tte, Mayor ATTEST: ~~ Vicki L. Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE C LYN KAS(.~ CLERK CITY OF KE ELSINORE (SEAL) STATE OF CALIFORNIA ) . COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 796, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNTIE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL)